SITE INFORMATION AND CORRESPONDENCE_1988-1991

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w �r .Heays Reference COMMENTS • ;I 1. 20 The term site is too inclusive. The "any other areas bontailnihatel by the migration of a hazardous substance, pollutant o contaiminat from the depot: conceivably includes a very large area e2 . 2 If the Department of Defense were to sell part of Shar s , they woul continue to be responsible. What if lands considered to be part of the Site are sold? Some security, that rights of access be main- tained and continued with the new owner, should also be provided for in this Agreement. 10 . 2 "The final selection of remedial action by the Administrator shall not be subject to dispute in accordance with Section l , Resolution of Disputes . " The final selection of remedial action (E' ) must be unanimous and thus should be subject to dispute resolution. 12 . 3 . 2 The "draft final documents for the primary documents" should be available for public comment for the minimum length of time that the Parties have available . This will hasten the completion of the final documents , in accordance with Subsection 5 . 27 of the Agreement 12 . 8 . 2 "When dispute resolution is invoked on a draft final primary document, work may be stopped in accordance with the procedures set forth in Subsection 13 . 9 regarding dispute resolution. " 13 . 9 states that responsibility for timely performance of work is required unless an extension is granted. Work continues , though time may be consumed as a result of the dispute . Work iay only stop at the request of a DRC member and for the protect-on of human health , as stated in Subsection 13 . 10 . 14 .0 The phrase "or any other circumstance or activities , . creating a danger to the health or welfare of the people on the Site or in the surrounding area or to the envirommnet . " should not stoo further progress of the Agreement. "Other activities " that cre to a danger should be stopped to abate the danger; without having tae associatic with other work done pursuant to this Agreement. The Statement "In complying with any request under this Section SHAD shall not be liable for failure to comply with oth r Sections Of this Agreement affected by the request. " should not be included in this Agreement. The point of Section 14 (PR0TECTION F THE PUBLIC is lost. 17 . 5 The requirement that SHAD' s Project Manager be physically present or reasonably available to supervise work is unreasonable . SHAD ' s Project Manager or Representative be present or available is a more reasonable requirement. The Project Manager of the other Parties are not required to be hresent for work to be allowed. There should be inculd �d with this Agreement a stipulation as to how often these Project M nager are to be present.